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State v Buakuva [2013] FJMC 112; Criminal Case 103.2013 (15 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 103/2013

STATE

V

JOSAIA BUAKUVA

For Prosecution : - Sgt. Lenaitasi
Accused : - In person

SENTENCE

1. JOSAIA BUAKUVA, you were charged for the offence of Burglary, contrary to section 312 of the Crimes Decree No 44 of 2009 as first count and for the offence of Theft contrary to section 291 of the Crimes Decree No 44 of 2009 as second count.
   
2. You elected Magistrate Court for this case and pleaded guilty on 11 March 2013. You also admitted the summary of facts.
   
3. According to the summary of facts both these offences were committed on 25 Feb 2013 at Wainadoi Zone Five, Navua. On that day you entered in to the house of IOSEFO BELE as a trespasser and stole items belonging to him to the total value of $3,414.00.
   
4. This court is satisfied about your plea and finds you guilty for both counts.
   

LAW AND TARIFF

5. The maximum penalty for Burglary is 13 years imprisonment.
   
6. The tariff for this offence is between 18 months to 3 years Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002;
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In Waisale Vakarauvanua v State (2004) FJHC 116 it was held that the tariff for theft would be 2-9 months.
   
9. After considering the summary of facts in this case I select 18 months imprisonment as starting point for first count and 06 months for the second count.
   

AGGRAVATING FACTORS

10. For burglary I find no aggravating factors. For theft the value of the properties will be considered as an aggravating factor and I add 06 months to reach 12 months for that offence.
    

MITIGATING FACTORS

11. You pleaded guilty at the first available opportunity. For that the court deducts 1/3 from both counts to reach 12 months for the first count and 08 months for the second count.
    
12. You also submitted following as your mitigating factors.
    
    1. 34 years old
    2. Married with 2 children
    100. Sole bread winner
    4. Most of the stolen properties were recovered with the assistance of the accused
       
13. For these mitigating factors I deduct 03 months from both counts to reach 09 months imprisonment for first count and 05 months for second count.
    
14. You are not a first offender and therefore not entitled for any discount for your past behavior.
    
15. Section 26(2) (b) of the Sentencing and Penalties Decree gives power to this Court to suspend a sentence below 02 years.
    
16. You are not a first offender. But you pleaded guilty at the first chance you got and fully cooperated with investigations. You also informed that you are prepared to pay for the things not recovered. I am also mindful about section 15(3) of the Sentencing and Penalties Decree which states custodial sentence should be the last option.
    
17. Therefore I believe you need to be given a chance. You will be sentenced to 09 months for Burglary and 05 months for Theft and both sentence will be suspended for 03 years.
    
18. If you commit any offence during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
19. Also you are order to pay $350 as compensation to the complainant.
    
20. 28 days to appeal.
    

15 March 2013

H.S.P.Somaratne
Resident Magistrate, Navua